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HomeMy WebLinkAbout170 - 11/07/2006 - AUTHORIZING THE CONVEYANCE OF A PERPETUAL DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR ORDINANCE NO. 170, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERPETUAL DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE PROVINCETOWNE P.U.D. FILING 3 DEVELOPMENT PROJECT WHEREAS, Outlot I of the Provincetowne P.U.D. Second Filing Development (the "Property"), is owned by the City of Fort Collins and designated as a future site for a neighborhood park; and WHEREAS, KB Homes, Incorporated is developing the Provincetowne P.U.D. Filing Three project (the "Project") west of the Property; and WHEREAS, in order to provide a drainage easement for the Project, KB Homes, Incorporated wishes to acquire a perpetual drainage easement, as described in Exhibit "A", attached hereto, on the Property; and WHEREAS, to construct and provide proper grading for the drainage easement, KB Homes, Incorporated wishes to acquire a temporary construction easement, as described in Exhibit "B", attached hereto, on the Property; and WHEREAS, KB Homes, Incorporated has agreed to pay to the City $10,475 for the easements, and WHEREAS, based on review of this request by staff, it has been determined that granting the easements will not have any adverse effects on the Property; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Drainage Easement and the Temporary Construction Easement on the Property, in accordance with the terms of this Ordinance, will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the easements to KB Homes, Incorporated upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 7th day of a ber, A.D. 2006r Mayor ATTEST: City Clerk p i Exhibit A LEGAL DESCRIPTION Page 1 of 2 DRAINAGE EASEMENT A TRACT OF LAND LOCATED IN SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PM, CO LY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTIONI3, TOWNSHIP 6 NORTH, RANGE 69 WEST, BEING MONUMENTED ON THE NORTH END BY A 3 " ALUMINUM CAP MARKED "LS 123 4" AND AT THE SOUTH END BY A 3-1/4" ALUMINUM CAP MARKED "LS 12374" IS ASSUMED TO BEAR S 0000$108" W, WITH A DISTANCE OF 2699. 17 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13; THENCE S89051 '41 "W, A DISTANCE OF 2405.40 FEET, TO THE POINT OF BEGINNING; THENCE S38032'36"W, A DISTANCE OF 409.77 FEET; THENCE S2002754"E, A DISTANCE OF 56.74 FEET; THENCE S70007149"E, A DISTANCE OF 85.83 FEET; THENCE N78015106"E, A DISTANCE OF 126.67 FEET; THENCE S83031 '54"E, A DISTANCE OF 198.03 FEET; THENCE S40007141 "W, A DISTANCE OF 16.35 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 5704934" AND A RADIUS OF 87,00 FEET, AN ARC LENGTH OF 87.81 FEET, THE CHORD OF SAID CURVE BEARING S 11020' 1W W, WITH A DISTANCE OF 84. 13 FEET, TO A POINT OF NON-TANGENCY, SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF OUTLOT I, PROVINCETOWNE 21 FILING; THENCE S40°07'43 "W, ON SAID EASTERLY BOUNDARY, A DISTANCE OF 77.32 FEET; THENCE N0102311314E, A DISTANCE OF 122.27 FEET; THENCE N83031 '54"W7 A DISTANCE OF 121 .73 FEET; THENCE 878015'06"W, A DISTANCE OF 141 .59 FEET; THENCE N11 044154"W7 A DISTANCE OF 29,65 FEET; THENCE N7000749"W, A DISTANCE OF 204.05 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF SAID OUTLOT I; THENCE N40007143"E, ON SAID WESTERLY BOUNDARY, A DISTANCE OF 21 .32 FEET; THENCE S70cOT4911E, A DISTANCE OF 97,34 FEET; THENCE N20027154"W, A DISTANCE OF 51 .08 FEET; THENCE N3803236"E, A DISTANCE OF 401 .47 FEET; THENCE N50022' 13"W, A DISTANCE OF 421 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF BELLEWOOD COURT; THENCE N40°07143"E, ON SAID RIGHT-OF-WAY, A DISTANCE OF 20.00 FEET; THENCE S5002T 1312E2 A DISTANCE OF 23.66 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 302771 SQUARE FEET, 17 CHAD R. WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. ° s �Gl CHAR R. WASHBURN, PLS .o �a 379,,f3 rr COLORADO PLS NO. 37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. 2620 EAST PROSPECT ROAD, SUITE 190 �Diygl LANp`'� FORT COLLINS, CO 80525 THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACTOR PERIFY EASEMENTS OF RECORD, JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. X:13940000.all\3945900\Word\Legals\3945900LX6 DRAINAGE ESMT.doc PACE IOFI X:\ZS40000.allUS459000ramfingsiLegaI ExhibiW39459000C6 DRAINAGE ESMT.dwg, LX6, 9J=006 7:39:06 AM, demoa r s r � � O O O cn P w N o oro .r rn w � W ri z DzcNr� O EXHIBIT "A.. "� oom � . . U) Page 2of2 m Z n 01 V) --IO � o oz (A Loozzzzz to z z 0 z cn Fn r CZ � o mV 0 -;� 0 N -+ 0 000 0 0 0 00 L04 Q O V V N W Z O 'V M O 1_ O 0 0 Iv O IV N p 4' (,i Iv O �' O N y m Z m V V N V N V V U w V Ul a � u; t50cri Z > iDo c0 L4 w W p w ? C 4 w w m O A O W m Z —4 ni r*i rri g r*i rig M m m r D O m o � � m = oL r mrm V W O V C�17 0�1 Z Q 1 O (A W 'm D N O w rn Cn V N �"� rn � v CZ) D O Cn 4 0) O f 00 N (Jt O CA V POv w cmF'+'I N r W O O 0 ov C o -,Do m �o 0 cn 3 c o > g1 O 8�23s� t q O Z 3`?v' • Rom' ��� ., ij 0 6 lei 0 ) �y'p GOAP° °O 0 J - C 1" w m rn G; o LO z m c D LS -n O m 07 m O -i <� w — � z xn m a J It ao co 0 V) � -Za '000 0p : m < w 4 ( F� O � O 5Q� C�� A� c ••� ° °y F U) c 00 ekN osw O tio \ off . c�Gq0. •'• ..Mnd % - o m C O O S00'O5'08"W 2699.17' (J m m w S Z EAST LINE, SE 1 /4 SEC. 130 T6N, R69W }3�Q� �j & O C BASIS OF BEARING C."sOMFri O � Om D DOc -4 � zwN00m c0 a Kz ' -a vo -ny Z 0 O W I ccn C.) K 7 WrZ V1 .p ? n � � . � A tri C0 z C1 m N . Q> n � NDmz ZVc7 fOO _ g Cll '� V4 to m � D :E ;u coz p � � � m v rn {z 00 0 ` D -z•I C4 EXHIBIT"B" Page 1 of 3 LEGAL DESCRIPTION I'EMPORARYCONSTRUC7'rONFseF eprr A TRACT OF LAND LOCATED IN PROVINCETOWNE P.UD.FILING NO.2,BEING A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING-THE SOUTHEASTERLY LINE OF OUT'LOT I OF SAID SUBDIVISION, ASSUMED TO BEARING S40°OT43"W. BEGINNING AT THE SOUTHERLY CORNER OF SAID OUTLOT%THENCE ON THE ARC OF A CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 29050'5 1"AND A RADIUS OF 450.00 FEET,AN ARC LENGTH OF 234.42 FBET,THE CHORD OF SAID CURVE BEARING N38001'44'"W, WITH A DISTANCE OF 231.72 FEET,TO A POINT OF TANGENCY; THENCE N5205729"W,A DISTANCE OF 4457 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 12007'53"AND A RADIUS OF 1000.00 FEET,AN ARC LENGTH OF 211.73 FEET,THE CHORD OF SAID CURVE BEARING N59001'31"W,WITH A DISTANCE OF 211.33 FEET,TO A POINT OF NON-TANGENCY; THENCE N4000743"E.A DISTANCE OF 333.44 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 12805725"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 123.79 FEET,THE CHORD OF SAID CURVE BEARING N65-34'170E,WITH A DISTANCE OF 99.27 FEET,TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 39005'11"AND A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING N20035'O713,WITH A DISTANCE OF 33.45 FEET,TO A POINT OF TANGENCY; THENCE N400O1P43"E,A DISTANCE OF 80.01 FEET; THENCE S4905272"E,A DISTANCE OF 50.00 FEET; THENCE 54000T43"W,A DISTANCE OF 80.01 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO TIM RIGHT,SAID CURVE HAVING A DELTA OF 69026'O8"AND A RADIUS OF 105.00 FEET,AN ARC LENGTH OF 12725 FEET,TEE CHORD OF SAID CURVE BEARING 535047'30"W,WITH A DISTANCE OF 119.61 FEET,TO A POINT OF NON TANGENCY; THENCE S40P07'43"W,A DISTANCE OF 123.67 FEET; THENCE 569040158"E,A DISTANCE OF 339.00 FEIST, THENCE N4000743"E,A DISTANCE OF 14AO FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 73*0178"AND A RADIUS OF 85.00 FEET,AN ARC LENGTH OF 10833 FEET,THE CHORD OF SAID CURVE BEARING N42042'12"7;WITH A DISTANCE OF 101.15 FEET,TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 39005'13"AND A RADIUS OF 20.00 FEET,AN ARC LENGTH OF 13.64 FEET,THE CHORD OF SAID CURVE BEARING N59040'19"E,WITH A DISTANCE OF 1338 FEET,TO A POINT OF TANGENCY; THENCE N4000743"E,A DISTANCE OF 80.00 FEET; THENCE 54905272"E,A DISTANCE OF 30.00 FEET; THENCE S4000743"W,A DISTANCE OF 80.00 FM,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 39005"13"AND A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 34.11 FEET,THE CHORD OF Pap I M2XA3940000a7N91590JkW.,&I p4U94.5900L7ISTEOCONSTESMT.dx EXHIBIT"B" Page 2 of 3 SAID CURVE BEARING S 59040'19"W,WITH A DISTANCE OF 33.45FEET,TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 129"04'00"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 123.89 FEET,THE CHORD OF SAID CURVE BEARING S 14°40'56-W,WITH A DISTANCE OF 99.31 FEET,TO A POINT OF NON- TANGENCY; THENCE S40°0743"W,A DISTANCE OF 344.94 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 145,755 SQUARE FEET. 1,CHAD R WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT. s CHAD R.WASHBURN,PLS Z COLORADO PLS NO.37963 FOR AND ON BEHALF OF IR ENGINEERING,LLC. ' 2620 E.PROSPECT ROAD,SUITE 190 Lao FORT COLLINS,CO 80525 7N6 LEGAL DEYCRlP77ON DOESNOT CONED77DEA 777LE SEARCH ErlR ENGWEERING TO DE=uME ORNP.Rsw OF 7NS PARCEL OR VMR&ASEMFMS OP RECORD.JR ENOA2ERRVG AND 7NE SURVEYOR OF RECORD ASSGNBS NO RW ONMUM FOR OMNERSHD+RIGHTS OR EA75M EA,SEfENI'RIGIM AND Asom, ms GONSULT.Im mmy"A77ORNEY. pap of 2XS3940000."W 9459MWaNVspW945900LY16TEW CONST ESM[dae EXHIBIT"B" Page 3 of 3 �pp0 \� e=3aros'n• so.DD e�v`� $3P L-34.11' N2D;3507'E '6T25"/RA �� CV =55.00' 09.27- CHCH 99.27' 34'17'E O G F` �SA�r ✓V L�IZ7.25 �p�JO' R-3 00' CN=119.81• J Q L=t3.64' SirB G •C ,ryY SW47'30*W p CH=fa38' N5940'19'E A•73b1'26' f R=85.00' LmO&33' CH=101.15' 4 N42.42'12'E �38 N40ro7'4rE R-50.00'r 14.40' 34.11' A�129 '00"CH-33.45' R=55.00' S59'40'19'W TEMPORARY CONSTRUCTION EASEMENT L=123.89' A=12'0Y53' 143,755 SO. FT. CH-99.31' R'.1000.00' Si4'40'SB'W Lt211.7X CH-211.33' N59bi$1'W � 3 Op r R=450.Do' $ L=234.42' �'9Q CH=231.72' N381D1'44'W \ SOUTHERLY CORNER OF OUTLOT I POINT OF COMMENCEMENT TEMPORARY OONST. ESMT. 100 50 0 1Op PROVINCETONNE FILING THREE i JOB NO. 39459.00 7963 �` SEPTEMBER 27. 2006 SCALE: 1" 100' 1,. 2 /�• SHEET 1 OF 1 NOTE-- THIS DRAVANG DOES NOT REPRESENT A LLA1ro .J'R ENGINEERING MONUMENTED SURVEY AND IS ONLY •,I I 0 . 3 INTENDED TO DEPICT THE ATTACHED � '�� LEGAL DESCRIPTION. WI%q;W Fb4�� �Oft�WVaBB � .